Commission XI DPR RI Budget Setting Consultation BI to the Constitutional Court
Image

Chief Justice of the Constitutional Court Moh. Mahfud MD, Vice Chief Justice Achmad Sodiki Court, along with four other constitutional justices, namely Ahmad Fadlil Sumadi, Muhammad Alim, Maria Farida Indrati and Hamdan Zoelva, as they received several members of the Commission XI of the House of Representatives (DPR) RI in conducting consultations to the Constitutional Court (The Court) , Friday (11 / 2) at Delegation room 15th Floor of The Court Building.


Jakarta, MKOnline - Several members of the Commission XI of the House of Representatives (DPR) RI conducted consultations to the Constitutional Court (The Court), Friday (11/2) at Delegation Room in 15th Floor of The Court Building. The purpose of their visit was to consult the Court related to budget arrangement for Bank of Indonesia (BI) as stipulated in Act No. 3 of 2004 concerning Amendment to Act of Republic of Indonesia Number 23 of 1999 concerning Bank Indonesia (BI Law). "Before we decide we want to discuss first (to The Court)," said Arif Budimanta, leader of the group. 

Attending in the occasion, Chief Justice of the Constitutional Court Moh. Mahfud MD, Vice Chief Justice Achmad Sodiki Court, along with four other constitutional justices, namely Ahmad Fadlil Sumadi, Muhammad Alim, Maria Farida Indrati and Hamdan Zoelva. Meanwhile, from the Commission XI, in addition to Arif, was also attended by: Edison Betaubun, Laurens B. Dama, Muchtar Amma, and Mohammad Hatta. Also attending the Secretary General of The Court Janedjri M. Gaffar and the Registrar Kasianur Sidauruk. 

According to Arif, internally, Commission XI is currently facing differences in point of view about the meaning of central bank independency (in this case BI), as mandated by the Constitution, namely in Article 23D of the 1945 Constitution. This article reads, "The State has a central bank whose arrangement, position, authority, responsibility, and independence shall be regulated by law." 

It was later promulgated in form of law as stipulated in the Act on the BI. Where, Article 60 paragraph (3) of the BI, substansially stated, the Board of Governors is authorized to determine the annual budgets of Bank of Indonesia, one of which is the operational budget which then submitted to Parliament for approval. However, it became a problem when the explanation part said, "Approval as referred to in this paragraph is given in consultation with the commission in charge of Bank of Indonesia and the banking system no later than December 31 of each fiscal year. Should after December 31, it has not yet received approval, the proposed budget is considered approved. " 

According to Arif, with such formulation it could be said that the supervisory function of the Parliament could not be implemented. "The budgeting function (of the Parliament) does not work," as one member of Commission XI mentioned. Because, in practice so far, the independence was applied in an 'absolute' way. Namely the Parliament, through the Commission XI, could not control completely over the financial management at BI. One of the reasons why the financial management of BI could not be controlled by the  House and the approval of the budget was merely consultative, was because BI is independent. 

Before responding further on  these issues, Mahfud confirmed, whatever the opinion of constitutional justices in this consultation meeting is not the official opinion of the Court as an institution. According to Mahfud, if anybody want to know the opinion or attitude of the Court on that issue, should be through the trial first which the result would then be inserted in the verdict. "Today we are discussing, discussion only," joked Mahfud. Mahfud believed that, it was possible for this matter be settled by the Court, through judicial review (judicial review) or dispute over the authority of state institutions (SKLN). (Dodi/mh/YDJ)


Monday, February 14, 2011 | 13:44 WIB 171